[Federal Register Volume 63, Number 29 (Thursday, February 12, 1998)]
[Notices]
[Pages 7118-7120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3507]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 63, No. 29 / Thursday, February 12, 1998 /
Notices
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DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. 95-054N]
International Standard-Setting Activities, Codex Alimentarius
Commission; Duties of United States Delegates and Delegation Members
Including Non-Government Members
AGENCY: Food Safety and Inspection Service, USDA.
ACTION: Notice; Request for comments.
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SUMMARY: This notice describes the activities of the Codex Alimentarius
Commission (Codex); describes the duties of the United States delegate
and alternate delegate to Codex committees; provides the criteria and
procedures to be used in selecting non-government members to various
United States delegations to Codex committees; describes the
appropriate role of non-government members on Codex committees;
identifies the manner in which the public will be informed of and may
participate in Codex activities; and requests comments on these
matters.
DATES: Comments should be submitted by May 13, 1998.
ADDRESSES: Submit one original and two copies of written comments to:
FSIS Docket Clerk, Docket #095-054N, U.S. Department of Agriculture,
Food Safety and Inspection Service, Room 102, Cotton Annex, 300 12th
Street, SW., Washington, DC 20250-3700. All comments submitted in
response to this notice will be available for public inspection in the
Docket Clerk's Office between 8:30 a.m. and 4:30 p.m., Monday through
Friday.
FOR FURTHER INFORMATION CONTACT:
F. Edward Scarbrough, Ph.D., United States Manager for Codex
Alimentarius, Office of the Under Secretary for Food Safety, United
States Department of Agriculture, Room 4861S, Washington, DC 20250-
3700; (202) 205-7760.
SUPPLEMENTARY INFORMATION:
Background
The Codex is the joint food standards program of the Food and
Agriculture Organization of the United Nations (FAO) and the World
Health Organization (WHO). This 35-year-old program was established to
help protect the health of consumers and to facilitate trade through
the establishment of international food standards, codes of practice
and other guidelines. Through adoption of food standards, codes of
practice, and other guidelines developed by its committees and by
promoting their adoption and implementation by governments, Codex seeks
to facilitate world trade in foods and promote consumer protection.
The Codex comprises representatives of more than 150 member
nations. It meets every two years. It adopts draft and final standards,
guidelines and codes of practice, and assigns new work to its
subsidiary bodies. These subsidiary bodies perform the work of
developing the standards, guidelines and recommendations. The
subsidiary bodies include Regional Coordinating Committees, Commodity
Committees, and General Subject Matter Committees. An Executive
Committee of the Codex is responsible for making recommendations about
the general direction of the Commission's work. The Executive
Committee, which meets every year, acts as the executive organ of the
Commission and may make decisions for the Codex subject to their
approval at the next biennial Codex session. Regional coordinating
committees ensure that the work is responsive to regional interests and
to developing countries. The Codex has set up commodity committees and
general subject matter committees. These are the groups that draft
standards and make recommendations to the Codex. The U.S. participates
in all active General Subject Matter and Commodity Committees and in
the Regional Coordinating Committee for North America and the South
West Pacific.
In the United States, the United States Department of Agriculture
(USDA); the Food and Drug Administration (FDA), Department of Health
and Human Services (HHS); the Environmental Protection Agency (EPA);
and the Department of Commerce (DOC) manage and carry out U.S. Codex
activities. Executive direction to the effort comes from the U.S.
Manager for Codex, supported by the U.S. Codex Office. The U.S.
Delegates to the subsidiary bodies participate in the development of
standards. These delegates and the alternate delegates are government
officials in USDA, FDA, EPA and DOC. The delegates develop U.S.
positions on issues to be considered. All interested parties are
invited to provide information and comments on the issues. As the
delegates prepare for the meetings of their committees, they form
delegations comprised of individuals having an interest in the issues
and whose expertise they think would be helpful or necessary at the
meetings. These individuals participate as members of the official U.S.
Delegations, at their own expense.
I. Appointment and Responsibilities of the U.S. Delegate to Codex
A. The United States Codex Steering Committee selects, and the
United States Manager for Codex Alimentarius appoints, a United States
delegate as the head of the United States delegation to each Codex
committee and an alternate delegate to act in the absence of the United
States delegate. The U.S. Delegate and the alternate delegate will be
full time federal government employees.
B. The United States delegate, or in his absence, the alternate
delegate, is responsible for representing the United States Government
at all Codex committee sessions and for presenting the United States
position on each agenda item at Codex committee sessions. It is the
United States delegate's responsibility to ascertain the United States
Government's current position on each Codex committee agenda item and
to draft the United States Government's response to each agenda item.
Positions presented by the United States delegate should be based on
sound science and take into account United States statutes,
regulations, and policy. The United States delegate may determine that
a proposed Codex standard that is not consistent with existing United
States statutes, regulations, or policies is worthy of consideration
and may, in that case, refer the proposed Codex standard to the United
States agency responsible for
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accepting or not accepting a particular Codex standard.
C. The United States delegate, in consultation with the United
States Manager for Codex Alimentarius, is responsible for selecting
non-governmental members to serve on the United States delegation to
the Codex committee.
II. Formation of Delegations
A. The United States delegate, in consultation with the United
States Manager for Codex Alimentarius, selects a delegation.
B. The number of the United States delegation members, including
government and non-government members, is limited to a maximum of
twenty-five persons for each Codex committee.
C. The United States delegate will strive to form a delegation
that: (1) Has expertise relevant to the items on the agenda of, or
likely to be discussed at, the particular Codex committee session; (2)
can assist the United States delegate with items on the agenda of, or
likely to be discussed at the particular Codex committee session; (3)
is representative of the individuals, groups, and organizations that
have an interest in the items on the agenda of, or likely to be
discussed at the particular Codex committee session; and (4) is
representative of the individuals, groups, and organizations that could
be affected by standards to be considered at the Codex session.
D. With regard to selection of non-government members to
delegations, the United States delegate will consider the following:
(1) The necessity of obtaining the informed views of non-government
individuals during the Codex committee session; (2) whether
consultations or opportunities to provide written comments prior to the
Codex committee session would be an adequate alternative to including
non-government members on the United States delegation; and (3) the
number of non-government members that would be required on the United
States delegation to provide balanced representation of the
individuals, groups, and organizations that have an interest in the
items on the agenda of, or likely to be discussed at, a particular
Codex committee session and could be affected by standards to be
considered at the Codex session.
III. Application and Selection Procedures for Non-Government
Members
A. Individuals and representatives from groups and organizations
interested in becoming members of the United States delegation should
contact the United States delegate or the Office of the United States
Manager for Codex Alimentarius.
B. The United States delegate: (1) Will consider all requests for
membership on the United States delegation; (2) may seek volunteers for
membership on the United States delegation; and (3) may identify and
solicit for membership on the United States delegation non-government
individuals and representatives from groups or organizations that will
result in a delegation that meets the criteria in paragraph II.C. of
this notice.
C. The United States delegate may select non-government members
from labor groups, the academic community, trade associations, specific
business firms, public interest groups, and from other sources,
including the public at large. The United States delegate will not be
required to select more than one representative from the same non-
governmental organization to become a member of the United States
delegation merely because the non-governmental organization represents
more than one entity or because there are differing views among
individuals or entities within the non-governmental organization.
D. The United States delegate may request that any person
interested in becoming a member of the United States delegation submit
for consideration a written summary of his or her qualifications. This
summary should include information pertinent to the work carried out
under the general terms of reference of the committee, as well as to
particular items on the agenda of, or likely to be discussed at,
upcoming Codex committee sessions.
E. The United States delegate may limit the period of participation
on, and may exclude from, the United States delegation any non-
government member whose conduct is: (1) Contrary to the provisions of
this notice; (2) contrary to limitations or prohibitions imposed by the
United States delegate pursuant to this notice or other authority; or
(3) prejudicial to the interest of the United States Government,
including the effective functioning of the United States delegation. No
non-government member, however, may be excluded from the United States
delegation merely because of views provided in good faith to other
members of the United States delegation, nor may a non-government
member be excluded from the United States delegation for declining to
provide views on a matter based upon the non-government member's belief
that his or her views would be inappropriate or prejudicial to the
United States Government's position.
IV. Responsibilities on Non-Government Members on U.S. Codex Committee
Delegations
A. Non-government members should attend all Codex committee
sessions and be available to assist the United States delegate, upon
request. In addition, all members of the United States delegation are
expected to attend delegation meetings convened by the United States
delegate.
B. A member of a United States delegation may not serve
concurrently during a Codex committee session as a member of any other
country's delegation or on the delegation of an accredited observer to
the Codex session.
C. Non-government members are not permitted to speak with foreign
government officials on behalf of the United States Government at any
Codex committee session. However, the United States delegate may
authorize a non-government member to explain a technical or factual
point, if, in the judgement of the United States delegate: (1) the
explanation by the non-government member will advance United States
Government objectives at the Codex committee session; or (2) the non-
government member is best able to explain the technical or factual
point under discussion.
D. To the extent feasible, the United States delegate will consult
with and seek recommendations from non-government members, but will not
be obliged to present at any Codex committee session any recommendation
made by any non-government member.
E. Non-government members shall not at any time negotiate or
purport to negotiate for the United States Government. Non-government
members shall not take any individual action on behalf of the United
States Government without express permission from the United States
delegate. Non-government members shall not advocate positions outside
of the United States delegation during a Codex committee session that
would tend to undermine the position of the United States Government,
as determined by the United States delegate. However, membership on the
United States delegation by a non-government member does not prohibit
any other individual, including an individual from the same
organization as the non-government member, from expressing views that
are not in accordance with the United States Government's position.
Further, no non-government member of the United States delegation shall
be prohibited
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from expressing views on the outcome of a negotiation after conclusion
of the negotiation or Codex committee session.
F. Non-government members are not immune from any laws or
regulation of the United States or of the host country as a result of
participation on a United States delegation, and no government official
may represent that participation confers any such immunity.
V. Public Notification of and Participation in U.S. Codex
A. The Office of the United States Manager for Codex Alimentarius
publishes annually in the Federal Register a notice containing (1)
Descriptions of the standards under consideration or planned for
consideration by Codex committees and whether the United States is
participating in the consideration of those standards; (2) the agenda
for United States participation in Codex committee; (3) the agency
responsible for representing the United States with regard to each
standard under consideration or planned for consideration by Codex
committees; and (4) a list of the Codex committees and the names and
agency affiliations of the United States delegate and alternate
delegate for each committee. This same information is available through
the U.S. Codex website: http://www.usda.gov/agency/fsis/codex/
index.htm. Also, the United States Manager for Codex Alimentarius
maintains a list of non-government individuals, groups, and
organizations that have expressed an interest in the activities of the
Codex.
B. The United States delegate and alternate delegate will
facilitate, to the greatest extent possible, public participation in
the United States Government activities relating to the Codex. Toward
this end, the United States delegate will maintain a list of
individuals, groups, and organizations that have expressed an interest
in activities of the Codex committees.
C. The United States delegate will notify members of the public who
have indicated an interest in a particular Codex committee's activities
of the status of each agenda item and the United States Government's
position or preliminary position on the agenda item, if such a position
has been determined. The United States delegate may request members of
the public who have indicated an interest in a particular Codex
committee's activities to submit written comments. Public meetings may
also be held to receive comments.
D. As required by section 491 of the Trade Agreement Act of 1979,
as amended, (19 U.S.C. 2578), the agency responsible for accepting or
rejecting a particular Codex sanitary or phytosanitary standard shall
provide opportunity for public comment on the Codex standards under
consideration or planned for consideration. This opportunity for public
comment will be provided as early as possible following the
identification of a sanitary or phytosanitary standard for
consideration by a Codex committee. The comments received will be taken
into account in the United States delegate's participation in the
considerations of the Codex committee.
E. The United States delegate may solicit comments as deemed
appropriate and all comments received will be considered. Public
comments relevant to Codex committee activities should be supported by
as much data or research as possible and such data or research should
be properly referenced to enhance the persuasive impact of the
comments. The United States delegate will consider all comments
received but will not be bound to agree with any comment. The views
expressed in these comments may or may not be presented by the United
States delegate to a Codex committee.
Done at Washington, DC, on February 6, 1998.
F. Edward Scarbrough,
United States Manager for Codex Alimentarius.
[FR Doc. 98-3507 Filed 2-11-98; 8:45 am]
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